TULSA, Okla. — Update:
An Oklahoma judge ordered Kimberly Graham's release after deciding her sentence is a violation of her 14th Amendment right to due process. The prison must release her within 14 days of the order or July 6.
Previous story:
The woman responsible for a deadly crash that took five lives is back in custody.
The Oklahoma Court of Criminal Appeals ruled Kimberly Graham should finish her 107-year sentence.
Bobbi Nickel’s brother, Casey Jones, was one of the victims.
“He was the guy that never met a stranger,” said Bobbi Nickel. “He genuinely connected with people.”
Nickel told 2 News she’ll never forget her brother. At 29 years old, his life was cut short. Jones was one of 5 people who were killed by a drunk driver. Kimberly Graham was behind the wheel.
“I personally feel obligated to advocate for my brother,” said Nickel. “He’s not here and he can’t.”
Graham was about 13 years into her 107-year sentence when she was released from prison because of the McGirt ruling that upheld tribal jurisdiction.
In an Oklahoma Court of Criminal Appeals ruling this week, the judges said, "Because the convictions in this matter were final before the July 9,2020, decision in McGirt, the holding in McGirt does not apply and the District Court's order vacating those convictions was unauthorized by law."
“I definitely am a little lighter today,” said Nickel. “It couldn’t have been better news for me.”
Graham’s attorney, Richard O’Carroll says he’s not done fighting.
“The issue here is state procedural law,” said O’Carroll.
O’Carroll says Tulsa County District Attorney Steve Kunzweiler should have appealed the decision when Graham was released in 2021.
“If you don’t appeal you can’t come along 4 months later and say we’re changing the law,” said O’Carroll.
In a statement, District Attorney Kunzweiler said, “The argument Mr. O’Carroll makes today is the same argument he made to the Oklahoma Court of Criminal Appeals. It failed. His client needs to return to prison to complete the sentence a jury gave her.”
For Nickel, she’s just thankful her brother’s killer is back behind bars.
“I’m thankful that our justice system finally served some justice,” said Nickel.
O'Carroll filed an emergency stay of the court's decision on Thursday morning. It was denied. He plans to file a federal appeal on Monday saying his client's due process was violated.
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